Shri. Dattarao Yashwantrao Pole v. Regional Deputy Commissioner And Others

09.12.wp.493.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 493/2016 (Shri Dattarao Yashwantrao Pole vs. Regional Deputy Commissioner, Social Welfare Department and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.V.N. Patre, Advocate for the petitioner Mrs.Geeta Tiwari, Asst. Government Pleader for respondent nos.1 & 2 Mr.P.S.Patil, Advocate for Respondents 3 and 4 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 9th December, 2016.

Heard.

The only prayer made by the petitioner in this Writ Petition is for a direction against the respondents to pay the salary to the petitioner for the period from 24.7.2013 to 1.3.2014 and from 2.3.2014 to 13.10.2014.

Shri Patre, the learned counsel for the petitioner states that though it is necessary for the respondent-Management to submit the salary bills of the petitioner to the respondent no.2, the salary bills for payment of arrears of the of salary are not submitted, till date.

Shri Patil, the learned counsel for the respondentManagement states that the salary bills are already submitted and an endorsement that the salary bills are received by the respondent no.2 is possessed by the respondent-Management. Mrs. Tiwari, the learned Assistant Government Pleader appearing for the respondent no.2 states on instructions, that the respondent no.2 has not received the salary bills pertaining to the arrears of salary for the aforesaid period, in respect of the

09.12.wp.493.16 petitioner.

If it is the case of the respondent no.2 that the salary bills pertaining to the unpaid salary that is payable to the petitioner are not received by the respondent no.2, it would be necessary for the respondent-Management to resubmit the salary bills pertaining to the payment of arrears of salary to the petitioner, as aforesaid, within two weeks.

Hence, we dispose of the Writ Petition with a direction against the respondent no.3 and 4 to submit the salary bills for payment of arrears of salary for the period from 24.7.2013 to 1.3.2014 and, from 2.3.2014 to 13.10.2014, to the respondent no.2 within fifteen days and with a direction against the respondent no.2 to release the salary for the aforesaid period within a period of six weeks from the receipt of the salary bills. Order accordingly. No costs.

JUDGE JUDGE sahare